[Congressional Record Volume 149, Number 58 (Thursday, April 10, 2003)]
[Senate]
[Pages S5175-S5177]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ENSIGN (for himself, Mr. Brownback, Mr. Inhofe, Mr. 
        Talent, Mr. Santorum, Mr. Grassley, Mr. Enzi, Mr. Sessions, Mr. 
        Allen, Mr. Bunning, Mr. Fitzgerald, Mr. Chambliss, Mr. DeWine, 
        Mr. McConnell, Mr. Coleman, Mr. Kyl, Mr. Nickles, Mr. Graham of 
        South Carolina, Mr. Bond, Mr. Hagel, Mr. Craig, Mr. McCain, and 
        Mr. Hatch):
  S. 851. A bill to amend title 18, United States Code, to prohibit 
taking minors across State lines in circumvention of laws requiring the 
involvement of parents in abortion decisions; to the Committee on the 
Judiciary.
  Mr. ENSIGN. Mr. President, I rise to introduce the Child Custody 
Protection Act. This legislation makes it a Federal offense to 
knowingly transport a minor across a State line, with the intent that 
she obtain an abortion, in circumvention of a State's parental consent 
or parental notification law.
  I have three young children in school, including a daughter, so I 
know something about parental consent. My wife and I, like most 
parents, have to give our written consent for school activities all the 
time.
  In most schools, an underage child can't go on a school field trip 
without a signed permission slip. An underage child also can't receive 
mild medication at school, such as aspirin, for the alleviation of pain 
or discomfort unless a parent signs a release form permitting the 
school nurse to administer it. In some schools, a child may not take 
sex education class without parental consent. Nothing, however, 
prevents this same child from being taken across State lines, in direct 
disobedience of State laws, for the purpose of undergoing a life-
altering abortion.
  The Child Custody Protection Act simply attempts to strengthen the 
effectiveness of State laws designed to protect children from the 
health and safety risks associated with abortion. In many cases, only a 
girl's parents know of her prior psychological and medical history, 
including allergies to medication and anesthesia. Also, parents are 
usually the only people who can provide authorization for post-abortion 
medical procedures or the release of pertinent data from family 
physicians. When a pregnant girl is taken to have an abortion without 
her parents' knowledge, none of these precautions can be taken. The 
harsh reality is that leaving parents uniformed about their underage 
daughter's abortion may not only be detrimental to the physical and 
mental health of the child but may, in some instances, be fatal.
  This legislation does not supercede, override, or in any way alter 
existing State parental involvement laws. It does not impose any 
parental notice or consent requirement on any State. The Child Custody 
Protection Act addresses the interstate transportation of minors in 
order to circumvent valid, existing state laws and uses the authority 
of Congress to regulate interstate activity to protect those laws from 
evasion.

[[Page S5176]]

  Currently, forty-three States have laws requiring a minor to get the 
consent of or notify one or both parents prior to an abortion, but only 
thirty-three are enforcing those measures. Most of the statutes apply 
to a child under the age of 18 and provide for a court bypass procedure 
should she be unable to involve her parents.
  This legislation is a common sense solution to a dire problem. A 
minor who is forbidden to drink alcohol, to stay out past a certain 
hour, or to drive a car in some states is certainly not prepared to 
make a life-altering, hazardous decision, such as an abortion, without 
the consultation or consent of at least one parent.

  In fact, a poll found that 85 percent of voters, including 75 percent 
of ``pro-choice'' voters, said ``No'' when asked, ``Should a person be 
able to take a minor girl across State lines to obtain an abortion 
without her parents' knowledge?''
  I would like to thank the original cosponsors of this bill for their 
support, Senators Brownback, Inhofe, Talent, Santorum, Grassley, Enzi, 
Sessions, Allen, Bunning, Fitzgerald, Chambliss, DeWine, McConnell, 
Coleman, Kyl, Nickles, Lindsey Graham, Bond, Hagel, Craig, McCain and 
Hatch. I look forward to working with them, and other members of the 
Senate, to ensure that underage girls are protected from unscrupulous 
individuals who want them to make a life-altering decision without 
parental involvement.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 851

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Child Custody Protection 
     Act''.

     SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN 
                   LAWS RELATING TO ABORTION.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 117 the following:

 ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN 
                       LAWS RELATING TO ABORTION

``Sec.
``2431. Transportation of minors in circumvention of certain laws 
              relating to abortion.

     ``Sec. 2431. Transportation of minors in circumvention of 
       certain laws relating to abortion

       ``(a) Offense.--
       ``(1) Generally.--Except as provided in subsection (b), 
     whoever knowingly transports a minor across a State line, 
     with the intent that such minor obtain an abortion, and 
     thereby in fact abridges the right of a parent under a law 
     requiring parental involvement in a minor's abortion 
     decision, in force in the State where the minor resides, 
     shall be fined under this title or imprisoned not more than 
     one year, or both.
       ``(2) Definition.--For the purposes of this subsection, an 
     abridgement of the right of a parent occurs if an abortion is 
     performed on the minor, in a State other than the State where 
     the minor resides, without the parental consent or 
     notification, or the judicial authorization, that would have 
     been required by that law had the abortion been performed in 
     the State where the minor resides.
       ``(b) Exceptions.--
       ``(1) The prohibition of subsection (a) does not apply if 
     the abortion was necessary to save the life of the minor 
     because her life was endangered by a physical disorder, 
     physical injury, or physical illness, including a life 
     endangering physical condition caused by or arising from the 
     pregnancy itself.
       ``(2) A minor transported in violation of this section, and 
     any parent of that minor, may not be prosecuted or sued for a 
     violation of this section, a conspiracy to violate this 
     section, or an offense under section 2 or 3 based on a 
     violation of this section.
       ``(c) Affirmative Defense.--It is an affirmative defense to 
     a prosecution for an offense, or to a civil action, based on 
     a violation of this section that the defendant reasonably 
     believed, based on information the defendant obtained 
     directly from a parent of the minor or other compelling 
     facts, that before the minor obtained the abortion, the 
     parental consent or notification, or judicial authorization 
     took place that would have been required by the law requiring 
     parental involvement in a minor's abortion decision, had the 
     abortion been performed in the State where the minor resides.
       ``(d) Civil Action.--Any parent who suffers harm from a 
     violation of subsection (a) may obtain appropriate relief in 
     a civil action.
       ``(e) Definitions.--For the purposes of this section--
       ``(1) a `law requiring parental involvement in a minor's 
     abortion decision' means a law--
       ``(A) requiring, before an abortion is performed on a 
     minor, either--
       ``(i) the notification to, or consent of, a parent of that 
     minor; or
       ``(ii) proceedings in a State court; and
       ``(B) that does not provide as an alternative to the 
     requirements described in subparagraph (A) notification to or 
     consent of any person or entity who is not described in that 
     subparagraph;
       ``(2) the term `parent' means--
       ``(A) a parent or guardian;
       ``(B) a legal custodian; or
       ``(C) a person standing in loco parentis who has care and 
     control of the minor, and with whom the minor regularly 
     resides,

     who is designated by the law requiring parental involvement 
     in the minor's abortion decision as a person to whom 
     notification, or from whom consent, is required;
       ``(3) the term `minor' means an individual who is not older 
     than the maximum age requiring parental notification or 
     consent, or proceedings in a State court, under the law 
     requiring parental involvement in a minor's abortion 
     decision; and
       ``(4) the term `State' includes the District of Columbia 
     and any commonwealth, possession, or other territory of the 
     United States.''.
       (b) Clerical Amendment.--The table of chapters for part I 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 117 the following new 
     item:

``117A. Transportation of minors in circumvention of certain laws 
  relating to abortion..........................................2431''.

  Mr. HATCH. Mr. President, I rise today to join with my colleagues in 
introducing the Child Custody Protection Act and express my strong 
support for this important piece of legislation. Similar legislation 
was previously introduced in past sessions of Congress but, and I am 
sad to say, never was signed into law. However, I hope that today is 
the beginning of a new day to help protect the health and safety of 
children while safeguarding the rights and responsibilities of parents.
  This bill is a reasonable effort to build upon two basic points with 
which many agree--despite other longstanding differences. The first is 
the desirability of parental involvement in a minor's abortion 
decision, and the other is the need to protect a pregnant minor's 
physical health.
  This bill does not supersede, override, or in any way alter existing 
State parental consent or notification laws. Nor does this bill require 
States to implement their own parental involvement laws. The Child 
Custody Protection Act simply makes it a Federal offense to knowingly 
transport a female minor across a state line, with the intent that she 
obtain an abortion, in circumvention of State laws requiring parental 
consent or notification.
  This bill, I would emphasize, is not a Federal parental involvement 
law; it merely ensures that State laws are not evaded through 
interstate activity. The Federal Government is not trying to tell the 
States how they must act and when, and this bill is not forcing parents 
to be good parents. This legislation strengthens the effectiveness of 
State laws, which is where the issue is best addressed and enforced. If 
we fail to pass this bill, we would be choosing to ignore the 
legitimacy and constitutionality of States to create and pass laws that 
specifically address the needs and desires of its citizens, especially 
when it comes to the health and safety of children.
  The Child Custody Protection Act is a reasonable and rational 
approach to fixing a serious problem. In most places, a school nurse 
cannot provide an aspirin to a student for a headache without 
permission from the parent. Students cannot go on field trips without 
parental approval. Some report cards need a parent's signature to 
verify the parent knows how their child is performing academically.
  This bill is not addressing something relatively trivial; it is 
drawing attention to a very serious medical procedure and protecting 
the health and safety of young girls. States that choose to implement 
parental notification laws because of their concerns with the well-
being and safety of children should have every tool necessary to 
enforce their own laws.
  An abortion is a risky medical procedure, especially for young 
teenagers. This bill is designed to protect children from the health 
and safety risks associated with abortion. In many cases, only a young 
girl's parents know of her prior psychological and medical history, 
including allergies to medication and anesthesia. Many other medical 
procedures in this country require the

[[Page S5177]]

consent of parents before they are performed. Also, parents are usually 
the only people who can provide authorization for post-abortion medical 
procedures or even release important information from family 
physicians. Given all of these other important medical situations that 
require parental consent, it is only reasonable and logical to 
recognize and enforce a States law asking for parental consent or 
notification for certain abortions.
  We all know how contentious the issue of abortion can get around 
here, and across the country. But this matter is not really even about 
abortion. This bill is simply about protecting the health and safety of 
minor children and the rights that their own States have concluded 
their parents should have.
  I would urge all of my colleagues to support this legislation and 
prevent circumvention of State laws, especially when the health and 
safety of children is involved.
                                 ______